OM PRAKASH GUPTA Vs. ADDITIONAL PRESCRIBED AUTHORITY/ADDITIONAL DISTRICT JUDGE COURT NO 6 KANPUR NAGAR AND

JUDGEMENT

(1.) PRAKASH Krishna, J. This is landlord's petition. It arises out of an application for release filed by the petitioner in respect of first floor accommodation of premises No. 106/3, Gandhi Nagar, P. Road, Kanpur Nagar of which the respondent No. 3, Om PRAKASH Dembla is the tenant for a sum of Rs. 88 per month for residential purpose.

(2.) THE petitioner filed a release application under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as U. P. Act No. 13 of 1972), before the prescribed authority on the ground that the accommodation in question is bona fide required by him. He has a large family. Besides himself, his wife, three sons and four grandchildren are there. THEy are residing in one room accommodation of House No. 49/87, Naugraha, Kanpur with bath room on the first floor, kitchen and latrine on the second floor and one kothari and terrace on the third floor. It was registered as Rent Case No. 36 of 1997.

(3.) AGAINST the aforesaid order Rent Appeal No. 11 of 2000, was filed by Smt. Urmila Dembla wife of the tenant, Orn Prakash Dembla, Rishabh Dembla and Nishant Dembla (minor sons of Om Prakash Dembla) as appellants. In the memo of appeal it was stated that husband of Urmila Dembla is untraceable since the year 1995 and as such, the judgment of the prescribed authority releasing the disputed accommodation without impleading the wife of the tenant and sons, is illegal.